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Not getting paid hours and not getting paid overtime

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MichiganWorker

Junior Member
What is the name of your state (only U.S. law)? Michigan

I work at a hotel in Michigan.

I am a desk clerk and I work 8 hours a day, 6 days a week at minimum wage.

When I studied my paycheck recently, I saw that my check says I work 28 hours a week, when I actually work 48 hours a week.

The hotel I work for has actually been sued multiple times in the past by customers and employees.

Originally I sought employment at the hotel when jobs were scarce and I was working to lift myself out of poverty.

I lived at the hotel and worked for rent and was paid nothing. (At this time I also worked another job)

One of the employees of the hotel sued the owner, claiming she should be paid, and the owner settled out of court with her and paid her years of back-pay as a result.

The owner also gave all the employees checks for unpaid back-pay.

After that, all employees were paid - but most of the money went to rent-deduction.

According to my check, I make 249.20 a week and 143.59 is deducted to pay for rent, and 42.65 is deducted in taxes.

Which leaves me with 62.96 left over.

If I was paid for the 48 hours I work, it would be 240.96 (plus overtime)

But the owner does not pay me for 20 hours of my week.

I learned recently that if I work over 40 hours, my employer is legally supposed to pay me overtime.

But my check says I only work 28 hours - and I've never been paid overtime.

This was important when I tried to apply for an apartment, and realized I couldn't qualify because my check claimed I didn't make enough money.

So basically I'm being paid nearly half of what I should be paid.

I've been working at the hotel 8 years, and have only started getting paid since 2015. (3 years)

I've worked very hard to try and lift myself out of poverty and build a better life.

I'm not greedy, but money is very important when it comes to renting an apartment and getting a better job.

I would like to know if:

1. Do I have a case to sue?

2. How much money could I get from the lawsuit?

Thank you for your help.
 


cbg

I'm a Northern Girl
The appropriate response would be not to sue, but to file a wage claim with the state DOL.

http://www.michigan.gov/lara/0,4601,7-154-59886_79554---,00.html
 

Zigner

Senior Member, Non-Attorney
How much could I get paid, and how long would the process take?

Thank you.

There's no way we could answer the first question at all...and the second question would just be a rough estimate. Your questions are better asked when you file the claim.
 

MichiganWorker

Junior Member
The employee at my hotel who previously dealt with a similar issue, did so with an Attorney, so I'm wondering if I could also do that.

Or would filing a claim with DOL be more effective than a lawsuit?

I'm unknowledgeable in these matters, that's why I came here.

To be honest, I need the legal maximum-payout, in the shortest amount of time possible.

I need to get an apartment and a new job.

Your expert advice is very much appreciated.
 

LdiJ

Senior Member
The employee at my hotel who previously dealt with a similar issue, did so with an Attorney, so I'm wondering if I could also do that.

Or would filing a claim with DOL be more effective than a lawsuit?

I'm unknowledgeable in these matters, that's why I came here.

To be honest, I need the legal maximum-payout, in the shortest amount of time possible.

I need to get an apartment and a new job.

Your expert advice is very much appreciated.

Filing through the DOL gets the employer in the maximum amount of trouble.
 

HRZ

Senior Member
No matter what route you take any outcome in your favor , if it turns out in your favor, is going to take a good bit of time...far from fast.

I'm not sure I followed your answers about if you lived there as a convenience to your employer by being on call . IT is a important technical point in determining if you are getting at least the required minimum wage .

I suggest you file a wage claim via your state DOL ......as does cbg .
 

LdiJ

Senior Member
No matter what route you take any outcome in your favor , if it turns out in your favor, is going to take a good bit of time...far from fast.

I'm not sure I followed your answers about if you lived there as a convenience to your employer by being on call . IT is a important technical point in determining if you are getting at least the required minimum wage .

I suggest you file a wage claim via your state DOL ......as does cbg .

Did you miss the part where the employer is deducting rent from his paycheck?
 

HRZ

Senior Member
EVery now and then I do read ...I'm just not assuming this is a proper deduction under section 3 (m) if it for employER benefit.o
 

LdiJ

Senior Member
EVery now and then I do read ...I'm just not assuming this is a proper deduction under section 3 (m) if it for employER benefit.o

Whether its properly deducted or not, since the employer is deducting it from his pay one cannot use "free rent" to determine whether or not he is actually making what he should be making.

His check clearly says 28 hours per week rather than the 48 he is working, therefore the employer cannot use the "minimum wage" excuse anyway. The employer is admitting on the check that they are only paying him for 28 hours.
 

HRZ

Senior Member
IT would seem that employer has more than one thing wrong ...and OP would be smart to filema promptmwritten complaint via state DOL.
 

HRZ

Senior Member
OP not wise to delay filing a complaint...any sins of employer more than 3 years old are likely barred from action..

I hat said, if. Employer shorted you 10,000 over last three years and you prevail...the employer likely also owes you an extra $10,000 as damages.
 

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